Impounding.

Manawatu Herald, 16 July 1898, Page 2

Impounding.

A case of some considerable importance was heard at the Wanganui Magistrate's Court on Monday by Mr C. C. Kettle, S.M., H. Stent, farmer of Fordell, sued W. God o, poundkeeper at Durietown, to recover the sum of £15, for allegt d wrongful sale of a gelding, the property of plaintiff. Mr Marshall appeared for the latter and Mr Treadwell for the defendant. Counsel asked His Worship to decide a legal point which would practically set ile the case, viz,, whether the Poundkeeper was protected by the order given by the Justice if it could be shown that he misinformed the Justice bona fide though negligently as to the true value of the horse. The facts agreed upon were these : The horse was impounded by the Ranger on Sunday, 22nd May. It was not branded, and the owner wa' unknown Notice ofthe impounding was affixed on the Pound under section 86 of the Impounding Act, and on the 25th the Poundkeeper went to Mr F. M. Bpurdle, J.P., and asked him to make an order undor section 39 for the immediate sale of the horse on the ground that the horse was not of sufficient valu to defray the poundage and susten ance fees of keeping him for the 14 days, as required by section 87 of the Act. The Justice made the order relying on the statements made by the Poundkeeper as to the value of the horse. The order was du!\ advertised on the evening 24th and morning of 26th, and the horse wa> sold at noon on the 26th for £3 GThe plaintiff alleged that the hor?eV value was £15. After considerable argument it was arranged th.f i evidence should be taken as to wbaactually took place before the Justice when he made the order, and the further hearing of the case ws adjourned for that purpose.— Herald.